SPARKS, Circuit Judge.
On August 29, 1921, William Laabs filed his application for United States Letters Patent, Serial No. 496,276. It is still pending and has been assigned to appellant. On October 30, 1922, after appellant had become the owner of Laabs' application, one Schmelzer filed his application for letters patent, and on November 17, 1925, patent No. 1,561,667 was issued to him on that application, and it was subsequently assigned to appellee. Appellant...
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